If the City is blocking my store by closing the street for a farmer’s market, is this legal?
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If the City is blocking my store by closing the street for a farmer’s market, is this legal?
I own a retail store and the City is considering a permanent move to their farmer’s market to the street where my business is. They close the street, close all the parking spaces and put booths up in front of the stores. My store is blocked from view and my customers are blocked from using the street and using my business. Can I file a tort claim?
Asked on July 6, 2012 under Business Law, Idaho
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Whether or not the city that you live in is empowered to close a street in front of your business for a farmer's market depends upon what the city charter states in conjunction with local ordinances.
Most likely the city is empowered to temporary close the street that your business is on in that such is a common occuranace throughout this country on a temporary basis for such events such as farmer's markets. I suggest that you consult with an attorney who practices in the area of governmental law to further help you on your matter.
My experience is that the city can do what it wishes to within reason and you can file a tort claim against the governmental entity but most likely you will not prevail on it.
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